Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

I'll accept those answers because I think they do properly now articulate the position that employers can then look to. Could I put another block of questions to you? It is in relation to reporting obligations—again, in particular for small and family businesses, who don't have the huge HR departments; it will be mum-and-dad businesses who are reviewing the Fair Work Act and wondering where to go. This is one that has been consistently raised, even despite the Senate committee looking into the matter itself. Again for the benefit of the Hansard record: when an employee accesses family and domestic violence leave, what reporting obligations does an employer have to inform authorities? What small and family businesses in particular have requested is if you can guarantee that no employer will be liable should their employee access family and domestic violence leave and then the employer fails to report it to authorities. What safeguards are in place in the legislation to ensure that employers cannot be held liable when an employee accesses family and domestic violence leave and they do or do not report it and there was the opposite obligation?

I'll now turn to people who work from home. If an employee works from home, for all or part of their employment, and then accesses paid family and domestic violence leave, what obligations does this put on the employer in terms of providing a safe workplace?

Changing topics slightly here, if an employee is under 18 and accesses family and domestic violence leave, does this fact change the reporting obligations for the employer?

If an employer reports to the police that their employee has access to family and domestic violence leave against the wishes of the employee, will the employer be subject to penalties for going against the wishes of the employee? What guidance has or will the department provide to employers in relation to the reporting obligations?